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17 Apr 9:15 am by Michael C. Smith
Mass Engineered Design, Inc. v. Ergotron, Inc., 2:06cv00272 (E.D. Tex. April 17, 2009) Judge: Leonard Davis Holding: Request for a Permanent Injunction or Ongoing Royalties DENIED; JMOL & motion for new trial DENIED; Motion for post-trial relief granted and requests for enhanced damages and fees DENIED. Here's a opinion you can really latch on to. (Yeah, it hurt me to write it too). This case was tried to a Marshall jury last November, resulting in a jury verdict of three ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
17 Oct 9:16 am by Richard D. Vetstein, Esq.
I'm pleased to welcome Noel Sior-Woodard, IIDA, the President of Woodard Interiors, Inc. - a commercial interior design firm located in Grafton, MA. Noel is writing about pending legislation in Massachusetts which will officially recognize ... . Currently all State interior design projects are awarded to architects and engineers. Unfortunately, Massachusetts does not recognize the profession of interior design. Interior designers within our state are currently not able to bid as the prime consultant ...
The Massachusetts Real Estate Law Blog - http://www.massrealestatelawblog.com
13 Aug, 2008 1:24 pm by Frank Pasquale
... and archiving their work, it is getting harder to make that case," said Jason Calacanis, the chief executive of Mahalo, a search engine that relies on editors to create pages on a variety of subjects. "They are competing for talent, for advertisers and for users" with content sites, ... W]hen I spoke to David Eun, Google's vice president for content partnerships, he took umbrage with the media designation. He noted that Google did not create or own content - in his mind, part of the definition of a ...
Tags: Technology
madisonian.net - http://madisonian.net
9 May, 2008 10:30 pm
... Adidas - Adidas awarded $305 million against Payless for infringement of three stripe design: (The Trademark Blog), (IP Law360), (The Trademark Blog), (The Trademark Blog), (The Trademark Blog ... collide in domain name registration suit: Vulcan Golf, LLC v Google Inc: (Chicago IP Litigation Blog), Google - No settlement in sight for Viacom's ... defendants, Bretford and CSAV, in patent infringement suit: Mass Engineered Design, Inc v Ergotron, Inc: (EDTexweblog.com), Merrill Lynch & Co - Ex-Merrill ...
IP Thinktank - http://duncanbucknell.com/blog
24 Apr 10:00 am
... register due to reputation in Israel: Ratfon Import Ltd v ITT Manufacturing Enterprises Inc (The IP Factor) Japan Supreme Court rules on secrecy protection orders in patent litigation ( ... , ongoing royalties denied, JMOL, new trial denied: Mass Engineered design, Inc v Ergotron, Inc (EDTexweblog.com) District Court E D Texas: Judgment ... BIRCH applicant in three well-aimed strokes: In re Victoria Principal Productions, Inc (not precedential)(TTABlog) TTAB affirms single creative work and mutilation ...
IP Thinktank - http://duncanbucknell.com/blog
12 Jun, 2008 11:16 am
Bretford Mfg., Inc. v. Mass Engineered Design, Inc., No. 08 C 486, Slip Op. (N.D. Ill. May 13, 2008) (Moran, Sen. J.). Judge Moran denied declaratory judgment ("DJ") of defendants' (collectively "Mass Engineered") motion to dismiss DJ plaintiff Bretford Manufacturing's ("Bretford") complaint and ... Texas in 2006. That case was six months from trial as of the Court's opinion. The Court denied Mass Engineered's argument that the case should be dismissed because it was not the first filed case. ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
2 Jun, 2008 8:11 am by Michael Smith
MASS Engineered Design, Inc. v. Ergotron, Inc., --- F.Supp.2d ----, 2008 WL 2223036(E.D.Tex. May 30, 2008) (NO. 2:06 ... invalidity arguments may prove to be a costly endeavor, this Court's rules oblige MASS to assert such a defense early in the litigation if it is going to assert the defense at all. ... Texas as well as a Northern District of California case, writing that "the Court will not reward MASS for its gamesmanship. The Local Patent Rules "exist to further the goal of full, timely discovery ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
11 Jan, 2008 9:00 am
... Pharma LP did not engage in conduct that invalidated its patents for OxyContin: (IP Law360), Skelaxin (Metaxalone) - King Pharmaceuticals Inc. drops infringement case against CorePharma LLC concerning its muscle relaxant Skelaxin, agreeing to grant a patent ... Scientific Corporation: (SmartBrief), (IP Law360), (IP Updates), (Patent Prospector), Dell Inc. - Dell gets sanction against Mass Engineered Design Inc. for violating rules regarding depositions on claim constructions: (IP Law360), eBay - ...
IP Thinktank - http://duncanbucknell.com/blog
19 Sep, 2008 6:00 pm
... C-Vita' trade mark misleading: (Afro-IP) Spain Application to amend protected designation of origin JAMÓN DE TERUELES for ham: (Class 46) Thailand Officials urge ... third-party claims against five defendants in a suit originally filed by Mass Engineered Design Inc. over electronic display screens: (Law360), Cordis - Federal judge ... affirm refusal to register WOVEN MOMENTS: In re The Manual Woodworkers & Weavers Inc (non precedential): (The TTABlog) US Trade Marks - Lawsuits and strategic steps ...
IP Thinktank - http://duncanbucknell.com/blog
7 May, 2008 7:38 am by Michael Smith
Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 1930299(E.D.Tex. Apr 30, 2008) (NO. 206 CV 272) Judge: Leonard ... could have brought suit against those parties much earlier. However, granting MASS leave to amend its complaint serves the interest of justice and preserves judicial economy by ... Data had properly answered the propounded interrogatory or granted earlier access to its website, then MASS would have known about the newly proposed products prior to the leave to amend deadline, and ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
24 Mar, 2008 6:36 am by Michael Smith
Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 744705(E.D.Tex. Mar 19, 2008) (NO. 206 CV 272) Judge ... plaintiff's waiver of the attorney-client privilege came out. In this case plaintiff MASS conceded that inventor/co-plaintiff Moscovitch waived the attorney-client privilege as to certain ... subject matter disclosed in his reissue declaration filed with the Patent Office. MASS previously produced several redacted documents that related to the subject matter disclosed in the reissue application ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
14 Jul, 2008 9:39 pm by Michael Smith
MASS Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 2697293(E.D.Tex. May 30, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Motion to Clarify Claim Construction Opinion GRANTED Plaintiff asked the Court to ... in its supplemental briefing, which addressed the "mounting means." See Docket No. 160. Defendants attempt to raise this new issue in response to MASS's motion is improper. See Local Rule CV-7(d). The proper vehicle would be a motion for reconsideration in which the Defendants ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
18 May, 2007 9:42 am by Michael Smith
Mass Engineered Design, Inc. v. Ergotron, Inc., 2007 WL 1428660(E.D.Tex. May 11, 2007) (NO. 206 CV 272) Judge: ... Davis Holding: Motion to Intervene GRANTED DLMP is an indirect wholly-owned subsidiary of Dell Inc. (a defendant in this case) that performs sales and marketing activities on behalf of Dell Inc.. DMLP sought to permissively intervene in this action to assert a patent against the plaintiff. Plaintiff did not oppose intervention and assertion of the DLMP patent for purposes of discovery ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
21 Mar, 2008 7:04 am by Michael Smith
Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 695900(E.D.Tex. Mar 13, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Claims construction opinion; Defendants' Motion for Summary Judgment for Failure to Comply with 35 U.S.C. § 112 DENIED Interesting case involving patents dealing with the mounting of multiple displays to increase a computer user's potential viewing area. Both patents' technologies focus on expanding the potential viewing area while minimizing the desk space ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
4 Nov, 2008 7:47 am by The Docket Navigator
... [plaintiffs' former counsel] . . . " Thus, although the notes were "properly classified as non-discoverable work product," production of the notes was "warranted as a sanction" because of "the conduct of [defendant's] counsel in dealing with [the plaintiff's] former-now-adverse attorney." Mass Engineered Design, Inc., v. Ergotron, Inc., 2-06-cv-00272 (TXED October 31, 2008, Memorandum and Opinion and Order)
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
6 Feb 6:10 am by Michael C. Smith
Mass Engineered Design, Inc. v. Ergotron, Inc., 2:06cv00272 (E.D. Tex. February 4, 2009) Judge: Leonard Davis Holding: Request for a Permanent Injunction or Ongoing Royalties DENIED Judge Davis denied Dell's motion for a permanent injunction and also rejected the notion of an annual flat-rate royalty. He was also not happy with the briefing on future royalty rates. "Both sides' briefing concerning a reasonable ongoing royalty rate fails to base suggested rates on actual economic ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
6 Feb 2:30 am by The Docket Navigator
... rates on actual economic analysis or evidence adduced at trial. . . . Any yearly flat-rate royalty amount is unreasonable and is rejected." The parties were ordered to confer concerning the "preliminary" per-unit royalty and to file objections if an agreement could not be reached. Mass Engineered Design, Inc. v. Ergotron, Inc., 2-06-cv-00272 (TXED February 4, 2009, Order)
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
20 Apr 12:24 am by The Docket Navigator
... "led [plaintiff] to build infringing products, marketed [plaintiff's infringing products] to third parties, sold [plaintiff's] infringing products, and despite [defendant's] knowledge, involvement, and power to restrict the practice, [plaintiff] sold products to third parties." Mass Engineered Design, Inc. v. Ergotron, Inc., 2-06-cv-00272 (TXED April 17, 2009, Memorandum Opinion & Order)
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
23 Aug, 2008 1:23 am
... allegedly frivolous patent suits to prevent generic version of TriCor: (Law360) Africa 'Design Africa' programme - a springboard for top-end export: (Afro-IP), Legatum Prize ... : EpicRealm Licensing LP and Parallel Networks LLC v Autoflex Leasing, Inc et al: (EDTexweblog.com), Fiji Water Co - 'Bottled at the source' is not an indicator ... over technology allowing lenders and customers to interact online: (Law360), Mass Engineered Design - CDW asks federal judge to dismiss third-party claims against ...
IP Thinktank - http://duncanbucknell.com/blog
28 Mar, 2008 6:00 am
... Trade Marks Law Blog), Full Federal Court considers the meaning of 'relevant to work in the relevant art': Ajinomoto Co Inc v Nutrasweet Australia Pty Ltd: (Mallesons Stephen Jaques), Society of Authors' report, 'Educational publishing in ... Law360) Ergotron - Court denies Ergotron's motion for summary judgment of patent invalidity in its patent dispute with Mass Engineered Design: (EDTexweblog.com), (EDTexweblog.com), Eros - Eros and Leatherwood settle copyright dispute over scripts for virtual sex ...
IP Thinktank - http://duncanbucknell.com/blog
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